Why Would Someone Be Denied Entry to the United States?

Unfortunately, people are denied entry to the United States every day! Not all of these people deserve to be denied entry to the United States or pose a risk to the United States – mistakes can happen, but in these times of increased border security the United States feels that they are better safe than sorry. It can be surprising, disappointing and frustrating to be denied entry to the United States. If you have been denied entry to the United States, there are two main reasons why this happened to you: denied entry to the US

Reasons for being denied entry to the United States

The two main reasons someone would be denied entry to the United States at the US-Canada border or a United States port of entry (such as an airport) are medical inadmissibility and criminal inadmissibility.

Medical inadmissibility to the United States

Someone who is medically inadmissible to the United States may have a medical problem or medical condition that the United States considers to be dangerous to public health or social services. These types of medical conditions can include contagious diseases, a history of drug addiction or even something as simple as not having all of the required, up-to-date vaccines.

Criminal inadmissibility to the United States

Another reason for being denied entry to the United States is for having a criminal record or criminal conviction, which is referred to as being criminally inadmissible to the United States.

Even a small offence, or a very old offence on your criminal record can make you criminally inadmissible to the United States. Some examples of these types of offences include driving under the influence charges (DUIs) or a drug possession charge for marijuana in the 1970s.

What can I do?

You’re not out of luck if you’ve been denied entry to the United States. Canadians, for example, can apply for waivers of inadmissibility, sometimes called US Waivers. These waivers will allow the immigration officer to better pay attention to the circumstances surrounding your individual case. You will need to provide a lot of information if you apply for US waivers. for example, a criminal conviction related to drugs may require you to obtain a clearance certificate for passing a drug test from your doctor and obtaining the files relating to your case from the RCMP.

Whichever your reason for being denied every to the United States, we can help! We have successfully dealt with thousands of denial of entry to the United States cases. Contact us for an assessment of your case before you travel!

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: Criminal Inadmissibility criminal record Denied Entry to the United States denied entry to the US US Waivers of inadmissibility

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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